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-   -   Called for hearing with ALJ 2 weeks in advance (https://www.askmehelpdesk.com/showthread.php?t=457299)

  • Mar 12, 2010, 06:42 PM
    reddolphin
    Called for hearing with ALJ 2 weeks in advance
    Not sure if this is a good sign or bad sign.

    My husband applied for disability in June 2009. He was denied in late November and in the denial papers it said his case was selected for a new process they were trying out where the next step would be a hearing with the ALJ if he were to disagree with the decision made.

    We filled out the papers and everything said we would be notified by mail at least 20 days in advance of the hearing. The papers were sent in around the end of December.

    He got a call yesterday asking if he could be at the local office on the 25th for his hearing. They said it would only be a judge and someone from vocational rehab in the room with him.

    Any advice on what to expect? My stomach is in knots over this, wondering why the call instead of the notice and why so soon. I mean I am glad, but worried.
  • Mar 13, 2010, 05:46 PM
    twinkiedooter

    Having been denied once he could have retained an attorney to help him with his case.

    I don't know why they would call instead of send a letter but maybe things have changed and they are speeding up the hearings so they can deny people faster now.

    If he gets denied again have him get in contact with a social security disability attorney and file another appeal.

    Does the Social Security office have the latest medical medical records on your husband? If not copy the records and hand deliver them as soon as you can prior to the hearing on the 25th.
  • Mar 13, 2010, 06:55 PM
    reddolphin
    Quote:

    Originally Posted by twinkiedooter View Post
    Does the Social Security office have the latest medical medical records on your husband? If not copy the records and hand deliver them as soon as you can prior to the hearing on the 25th.

    He just went to a new doctor at the first of Feb and we sent in a paper to SSA telling them and signed another release so they could get those records too. I am not sure if they have gotten them yet or not.

    I am calling Monday to get a copy for myself and will submit a copy just in case.

    His denial stated that they agreed he had a impairment that was severe enough to keep him from working, but they didn't think the impairment would keep him from working for more than 12 months(will be 12 months in May) and that he would be able to return to his job as a sewing machine operator(which he did for maybe 2 months about 10 years ago).

    I have never been this nervous in my entire life and it isn't even me going to the hearing. I am not sure if they will allow me in the room with him for the hearing or not.

    I think that it will be by video conference because they first said 12:30 and then said no 2:30 they forgot that "they" (whoever that is, guess the judge) was 2 hours behind us.
  • Mar 14, 2010, 11:52 AM
    twinkiedooter

    Get the medical records yourself and hand carry them to where the hearing is going to be held. Do this as soon as possible. Having a new doctor means a delay on their part in getting the records.

    If he does get denied again, please see an attorney to handle and coordinate his case.
  • Mar 25, 2010, 02:17 PM
    reddolphin

    Well, someone from SSA called yesterday evening, right at 5pm and left a message that the hearing was canceled. We called back this morning and they stated it was canceled because they want him to see an internist and they will call with that appointment in the next 2 weeks. After the appointment they will reschedule the hearing.

    Funny that if you cancel you must have a good reason or they will dismiss your claim. But they can call the day before and cancel.

    They stated when they called with the hearing date that if we didn't take that date or canceled it would take months to get another date.

    I just don't get it.
  • Mar 25, 2010, 05:34 PM
    twinkiedooter

    Don't even try to figure out those folks as they are the ones who call the shots. It's just like a regular Judge down at the Courthouse canceling a hearing. They don't have to give you a reason for the cancellation but they did give you a reason in that they wanted your husband to see an internist so basically that is their reason.

    Did you retain the attorney to handle his case? You never said either way.
  • Mar 26, 2010, 05:24 AM
    reddolphin
    Quote:

    Originally Posted by twinkiedooter View Post

    Did you retain the attorney to handle his case? You never said either way.

    No, we are calling one today.

    I'm not sure how much experience you have with disability cases, but wondering... do you think this is a good or bad thing that they have done this?

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